Danabhai @ Kanabhai Khodabhai Dangar vs State Of Gujarat

Nirzar S. Desai, J

Heard learned Senior Advocate Mr. N. D. Nanavaty with learned advocate Mr. Rutvij S. Oza for the applicant and learned Additional Public Prosecutor Mr. Kanva Antani for the respondent – State.

RULE. Learned APP waives service of notice of rule for and on behalf of the respondent – State.

This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered at C.R.No. 11209041211735 of 2021 with Prantij Police Station, District – Sabarkantha for the offence punishable under Sections 406, 409, 420 and 120 (B) of the Indian Penal Code.

Learned advocate for the applicant submitted that the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

On the other hand, learned APP appearing for the respondent – State opposed grant of regular bail looking to the nature and gravity of the offence.

In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

[a] The applicant is in jail since 21.12.2021.

[b] Investigation is over and the charge sheet is filed.

[c] As per the submissions of learned Senior Advocate Mr. N. D. Nanavaty for the applicant, out of 50 accused persons 39 accused persons are enlarged either on regular bail or on anticipatory bail by this Court or by the Trial Court and the aforesaid facts could not be disputed by the learned APP but for the fact that different amounts were received by the remaining accused persons, role of the present applicant and other accused were more or less similar.

[d] Learned Senior Advocate Mr. N. D. Nanavaty for the applicant submitted that the applicant is ready and willing to deposit an amount of Rs.10,00,000/-, out of an alleged amount of Rs.30,00,000/- accepted by the present applicant. Considering the fact that Rs.15,00,000/- has been deposited by the wife of the present applicant viz. Kunvarben @ Hinaben Danabhai Dangar at the time when she was enlarged on anticipatory bail vide order dated 10.08.2022 passed in Criminal Misc. Application No. 8316 of 2022.

[e] However, learned Senior Advocate Mr. Nanavaty states that deposit of the aforesaid amount shall subject to the rights and contentions of the parties and may not be construed as admission of guilt on the part of the present applicant.

In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with FIR registered at C.R.No. 11209041211735 of 2021 with Prantij Police Station, District – Sabarkantha on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;

[a] Deposit an amount of Rs. 10,00,000/- before the Trial Court on or before 31.01.2023. Out of Rs.10,00,000/-, the applicant shall deposit an amount of Rs. 5,00,000/- on or before 31.10.2022 and remaining amount shall deposit on or before 31.01.2023.

[b] not take undue advantage of liberty or misuse liberty

[c] not act in a manner injurious to the interest of the prosecution;

[d] not leave India without prior permission of the Sessions Judge concerned;

[e] surrender passport, if any, to the lower court within a week;

[f] furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Sessions Court concerned;

[g] mark his presence before the concerned police station in the first week of every month till the trial is over;

[h] appear before the Investigating Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

The Authorities will release the applicant only if the applicant is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.

Direct service is permitted.